Retired Janitor Pleads Not Guilty In S.F. Park Deaths

Published 4:00 am, Thursday, July 25, 1996

The 70-year-old retired janitor accused of calmly killing two teenagers in a Mission District park last month pleaded not guilty to multiple murder charges yesterday in San Francisco Municipal Court.

Margarito Franco, clad in an orange jail sweat suit, his feet and arms shackled in chains, looked briefly at members of the two teenagers' families as he entered the courtroom. Speaking softly in Spanish to his interpreter, he entered a not guilty plea.

Franco is charged with first degree murder in the slaying of Sylvia Menendez, 15, and Carlos Hernandez, 18. According to witnesses, the couple were sharing a picnic together June 23 in Precita Park when a man, who police allege was Franco, walked up to them, pulled out a gun and shot them, then strolled away, chuckling to himself.

Franco's lawyer, Steve Teich, asked the court yesterday to delay further proceedings until August 7 so the defense has sufficient time to investigate the case.

Franco, a balding, sad-faced man described by neighbors as quiet and gentle, looked bewildered as he entered the tension-filled courtroom. He then

glanced without expression at the parents of the two victims, seated in the back of the room.

Sylvia Menendez's parents have described Franco and his wife as longtime friends, noting that the couple often baby-sat their daughter when she was younger. They say they have no idea why Franco would have killed her and Hernandez.

Police sources, however, have said they are investigating reports that Franco may have sexually abused the teenage girl, the first hint of a motive in what at first appeared to be a random killing.

After court yesterday, Franco's attorney cautioned that the investigation is still continuing. "I don't know what their theory of the case is," Teich said. "There doesn't appear to be any motive."

Teich said there have been many threats on Franco's life. "It scary," he said. "It's like the Wild West. They say, 'That's the guy; let's go get him.' "

He said that Franco has had multiple medical problems and was being kept in isolation in the city jail. "He's an old man," the attorney said.

Teich said that Franco insists he is innocent of the charges, but the attorney added that the defense has not yet completed its investigation. He appeared not to rule out a possible change of plea later. "After we put it all together," he said, "in a couple of weeks we'll see where we go with the case."

The victims' families hurried from the courtroom and declined to comment.

The district attorney's office has filed special circumstances charges against Franco, alleging multiple murders in addition to the two murder counts. However, prosecutors say they do not plan to seek the death penalty at this point, which means Franco would face life in prison without parole if found guilty on all charges.